41. Trusts for sale.

A trust for sale arising, otherwise than by statute1, at a time beyond the perpetuity period is invalid2; but, where the trust for sale is mere machinery for facilitating a division between the persons for whom the property is destined, effect will be given to the equitable interests as if the trust for sale were omitted3. Where, therefore, the vesting of these equitable interests is within the perpetuity period, they are not rendered invalid by the failure of the trust for sale4, but devolve as if the property were unaffected by the trust for sale5; but, where the vesting